Federal Court of Australia
a jes
Bankruptcy - composition to pay amount for trustee's fees with no dividend to creditors approved at creditors' meeting ~ application to set aside, terminate or declare void - whether failure by debtor to particularize assets given nil-~-value in summary of statement of affairs an omission of a material particular - onus of proof - meaning of "in the interests of creditors" .- whether application made "before the final payment has been made under the composition" - alternatively whether in the circumstances court has power to extend time to apply to set aside composition - matters relevant to the exercise of any such power ~ whether
provision in Bankruptcy Act for termination of composition in
certain circumstances applicable
Bankruptcy Act 1966 para. 33(1)(c), sub-s.187(1), 88.222, 239, 242
RE: EMMANUEL GEORGE DOUKIDIS - Debtor EX PARTE: CONSOLIDATED CONSTRUCTIONS PTY, LTD. ~- Applicant
PETER MICHABL MELSOM as Trustee of the Estate of EMMANUEL GEORGE DOUKIDIS - Respondent
No. 142 of 1984X
TOOHEY J. PERTH
26 JUNE 1985
"AN THE FEDERAL COUFT OF AUSTRALIA BANKRUETC? GLSTRICT OF
THE
'
!
t
STATE OF WESTERN !
AUSTRALIA , No. 142 of 19844 }
GENERAL DIVISION
BETWEEN:
RE: EMMANUEL GEQRGE DOUKIDIS Debtor
EX PARTE: CONSOLIDATED CONSTRUCTIONS PTY. LTD.
Applicant
and
PETER MICHAEL MELSOM as Trustee of the Estate of EMMANUEL GEORGE DOUKIDIS Respondent
MINUTE OF ORDER
GUDGE MAKING ORDER : Toohey J. DATE OF ORDER H 26 June 1985 WHERE MADE : Perth
THE COURT ORDERS THAT:
1.
The time for making an application under sub-s.239(1) of the
Bankruptcy Act 1966 to set aside the composition made by the
debtor Emmanuel George Doukidis , on 17 September 1984 is
extended until 28 December 1984.
The composition made by the debtor Emmanual George Doukidis on 17 September 1984 is set aside pursuant to sub-s.239(1) of the Bankruptcy Act 1966.
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